Appeal by case stated – conviction for failing to provide specimen of breath. Machine at one station had failed on two occasions – defendant taken to second station and re-tested. Whether third test request lawful.
Held: In completing the first two tests the defendant had not satisfied the statutory requirements, and ‘where no valid specimens of breath have been provided, the officer was entitled to require the appellant to provide two further specimens of breath. His refusal to do so constituted the offence of which he was convicted. ‘
Judges:
Leveson LJ, LLoyd Jones J
Citations:
[2008] EWHC 901 (Admin)
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Howard v Hallett QBD 1984
The police adduced in evidence against the defendant the analysis of a specimen of breath which was not the specimen required under the Act.
Held: The evidence of the analysis of the specimen relied on by the police was inadmissible in . .
Cited – John Kimball Stewart v Director of Public Prosecutions Admn 2-Jun-2003
The defendant gave two specimens of breath, but they differed so markedly that the officer considered them unreliable. He offered the defendant the choice of a further two attempts or to give a specimen of blood or urine. He was convicted on the . .
Cited – Jubb v Director of Public Prosecutions 2002
The arrested driver was given a warning under section 7(7) before two specimens of breath were obtained. The officer thought the specimens unreliable being of uneven volume. The officer then gave the appellant the chance to repeat the breath . .
Cited – Gordon v Thorpe QBD 1986
The defendant provided two specimens of breath through an intoximeter 3000. Though the machine appeared to be working otherwise properly, the two readings were wider apart than usual.
Held: Each reading was still in excess of the maximum, and . .
Cited – Denny v Director of Public Prosecutions QBD 1990
The appellant had been stopped, taken to a police station and required to provide two specimens of breath for analysis. After he provided the second, the device indicated that it was not functioning normally, so the officer could not say that he had . .
Lists of cited by and citing cases may be incomplete.
Road Traffic
Updated: 07 September 2022; Ref: scu.267716
